In 2013, the Supreme Court rejected a challenge to a once-clandestine warrantless surveillance program that gobbles up Americans’ electronic communications—a project secretly adopted in the wake of the 2001 terror attacks on the United States. Congress legalized the surveillance in 2008 and again in 2012 after it was exposed by The New York Times.

Human-rights activists and journalists brought the Supreme Court challenge amid claims that the FISA Amendments Act was chilling their speech. But the Supreme Court tossed the case, telling the challengers’ lawyers from the American Civil Liberties Union to bring proof by real targets of the warrantless e-mail and phone surveillance. In a 5-4 ruling (PDF) by Justice Samuel Alito at the time, the court said the case was based on “assumptions” and that the plaintiffs “merely speculate” that they were being spied upon.

Fast forward to the present day: a US resident of Brooklyn, New York, accused of sending $1,000 to a Pakistani terror group has won the right to become the nation’s second defendant to challenge the surveillance at the appellate level. This could mean a Supreme Court bid is likely several months or more away.